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1996 SESSION
965310833Patrons-- Stolle, Barry, Benedetti, Edwards, Goode, Miller, K.G., Norment, Quayle, Saslaw, Stosch and Williams
WHEREAS, a proposed amendment to the Constitution of Virginia, hereinafter set forth, was agreed to by a majority of the members elected to each of the two houses of the General Assembly at the regular session of 1995 and referred to this, the next regular session held after the 1995 general election of members of the House of Delegates, as required by the Constitution of Virginia; now, therefore, be it
RESOLVED by the Senate, the House of Delegates concurring, That the following amendment to the Constitution of Virginia be, and the same hereby is, proposed in conformity with the provisions of Section 1 of Article XII of the Constitution of Virginia, namely:
Amend Section 1 of Article VI of the Constitution of Virginia as follows:
The judicial power of the Commonwealth shall be vested in a Supreme Court and in such other courts of original or appellate jurisdiction subordinate to the Supreme Court as the General Assembly may from time to time establish. Trial courts of general jurisdiction, appellate courts, and such other courts as shall be so designated by the General Assembly shall be known as courts of record.
The Supreme Court shall, by virtue of this Constitution, have original jurisdiction in cases of habeas corpus, mandamus, and prohibition, in matters of judicial censure, retirement, and removal under Section 10 of this article, and to answer questions of state law certified by a court of the United States or the highest appellate court of any other state. All other jurisdiction of the Supreme Court shall be appellate. Subject to such reasonable rules as may be prescribed as to the course of appeals and other procedural matters, the Supreme Court shall, by virtue of this Constitution, have appellate jurisdiction in cases involving the constitutionality of a law under this Constitution or the Constitution of the United States and in cases involving the life or liberty of any person.
No appeal shall be allowed to the Commonwealth in a case involving the life
or liberty of a person, except that an appeal by the Commonwealth may be
allowed in any case involving the violation of a law relating to the State
revenue. The General Assembly may also allow the Commonwealth a right of appeal
in felony cases, before a jury is impaneled and sworn if tried by jury or, in
cases tried without a jury, before the court begins to hear or receive evidence
or the first witness is sworn, whichever occurs first, from (1) an order of a
circuit court dismissing a warrant, information or indictment or any count or
charge thereof on the grounds that a statute upon which it was based is
unconstitutional and (2) an order of a circuit court proscribing the use of
certain evidence at trial on the grounds such evidence was obtained in
violation of the provisions of the Fourth, Fifth or Sixth Amendments to the
Constitution of the United States or Article I, Sections 8, 10 or 11 of this
Constitution proscribing illegal searches and seizures and protecting rights
against self-incrimination, provided the Commonwealth certifies the evidence is
essential to the prosecution.
The General Assembly may allow the Commonwealth the right to appeal in all cases, including those involving the life or liberty of a person, provided such appeal would not otherwise violate this Constitution or the Constitution of the United States.
Subject to the foregoing limitations, the General Assembly shall have the power to determine the original and appellate jurisdiction of the courts of the Commonwealth.